| Title | Instruction No. 002 on Registration of Architectural and Construction Enterprises, Companies and Foreign Entities |
| Type | Instruction |
| Issuing Agency | |
| Issuing Date | 10/07/2000 |
Referring to Article 19, Section 4 of the “Law on the Commercial Rules and Commerce Register” regarding foreign companies having branch offices or agencies in the Kingdom of Cambodia and Prakas No. 75 BK/MoUC of September 2, 1999 on the Regulation of Architectural and Construction Companies and Enterprises, the Ministry of Land Management, Urban Planning and Construction (MLUC ) hereby instruct all enterprises, companies and foreign legal entities to register as follows:
I. Forms
All companies, enterprises and foreign legal entities intending to conduct an architectural/ construction business in the Kingdom of Cambodia shall be categorized according to the following forms:
1. Foreign companies and enterprises having offices or branch offices and agencies in the Kingdom of Cambodia.
2. Foreign companies and enterprises having head offices in the Kingdom of Cambodia.
3. Foreign architectural legal entities.
II. Commercial Registration
Whereas:
1. Representative Offices or agencies and branch offices or agencies of foreign companies having offices, agencies and branch offices in the Kingdom of Cambodia.
2. Representatives or agencies of foreign companies having head offices in the Kingdom of Cambodia.
3. Architectural foreign legal entities.
Shall personally apply to register their representative offices, agencies or branch offices in the Kingdom of Cambodia and register their architectural enterprises, companies and foreign legal entities in the Business Register at the Department of Architectural under jurisdiction of the Department of Construction of the MLUC.
Directors or Agents shall personally sign in front of the Officials of the Department of Architecture to ensure that all files to be kept with the Department of Architectural are true and legal.
Upon receipt of the registration formalities, if the Director of Architectural Department found that information are lacking or unclear, he may invite the representatives, agents, branch office managers, or chairman of the board of directors or director to clarify accordingly.
Upon receipt of the registration formalities, if the Registrar Official of the Architectural Department found them in compliance with the laws and regulations, he shall then register in
the Business Register, and the MLUC shall issue a License and a Prakas to the applicant at least 1 month from the date of receiving of completed formalities.
III. Types of Architectural and Construction Enterprises and Companies
1.1 Architectural and construction enterprises and companies having their offices or agencies and branch offices in the Kingdom of Cambodia, belonging to the categories stated in Prakas No. 75/BK/MoUC of September 2, 1999 of the MLUC on the Regulation of Architectural and Construction Enterprises and Companies shall additionally provide:
1. the architectural license of their initial country.
2. the commercial registration of their initial country.
3. the memorandum and articles of associations of their initial country.
1.2 Architectural and construction enterprises and companies having their offices or agencies and branch offices in the Kingdom of Cambodia, belonging to the categories stated in Section A and B, Article 3 of Prakas No. 75/BK/ MLUC of September 2, 1999 of the MLUC on the Regulation of Architectural and Construction Enterprises and Companies, shall additionally provide:
1. the architectural license of their initial country.
2. the commercial registration of their initial country.
3. the memorandum and articles of associations of their initial country.
2.1 Architectural and construction enterprises and companies having their head offices in the Kingdom of Cambodia belonging to the 3rd categories stated in Section A, B and C, Article 2 of Prakas No. 75/BK/MoUC of September 2, 1999 of the MLUC on the Regulation of Architectural and Construction Enterprises and Companies.
2.2 Architectural and construction enterprises and companies having their head offices in the Kingdom of Cambodia belonging to the 3rd categories stated in Section A, B and C, Article 3 of Prakas No. 75/BK/MoUC of September 2, 1999 of the MLUC on the Regulation of Architectural and Construction Enterprises and Companies.
3.1 Foreign architectural having their head offices in the Kingdom of Cambodia shall be divided as stated in Section D1, D2, D3, D4 and D5, Article 2 of Prakas No. 75/BK/MoUC of September 2, 1999 of the MLUC on the Regulation of Architectural and Construction Enterprises and Companies.
IV. The Application Forms for an Architectural and Construction Business License
The application forms for an architectural and construction business license shall be in compliance with terms and conditions provided in Prakas No. 75/BK/MoUC of September 2, 1999 of the MLUC on the Regulation of Architectural and Construction Companies and Enterprises provided that:
1. The technical directors, project directors and technicians of foreign enterprises, having their offices, agencies or branch offices in the Kingdom of Cambodia, shall be of Khmer or Alien nationality;
2. The designation of architectural and construction shall be in accordance with technical regulations of the Kingdom of Cambodia.
Upon receipt of this Circular, all general departments and offices of urbanization and construction and shall make their best efforts to implement the above provisions with accountability.
cc: Minister
- Council of Ministers
- All relevant ministries and institutions
- The cabinet of minister
- All general departments
- All provincials/municipals offices
- All provincials/municipals urbanization and construction offices Im Chhun Lim
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